Common use of Allocation of Costs Clause in Contracts

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of District’s cables or wires) shall be allocated to District and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 If District intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the Pole. Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee’s Attachments. Prior to making any such modification or replacement District shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect to 9.4.2 If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District or Licensee, the Attaching Entity requesting the additional or modified attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s Attachments. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachments. 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Attachments. 9.4.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s Attachments. Licensee shall submit to District evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entities’ facilities at the time Licensee submits a permit application to District. District shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities pursuant to this Paragraph 9.4.4.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Communications Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of District’s cables or wireswires that is not under the normal maintenance of poles) shall be allocated to District and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 9.3.1 If District intends to modify add, modify, or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the addition, modification/, or replacement of the Pole. Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee’s AttachmentsCommunications Facilities as well as the Pole Attachment Fees for any additional Pole(s). Licensee shall not, however, be responsible for rearrangement or transfer costs necessary to accommodate the District’s own Communication Facilities. Prior to making any such modification addition, modification, or replacement the District shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect tointent 9.4.2 9.3.2 If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement., as well as the costs for rearranging or transferring Licensee’s AttachmentsCommunications Facilities. Licensee shall cooperate with such third-party third‐party Attaching Entity to determine the costs of moving Licensee’s Attachmentsfacilities. 9.4.3 9.3.3 If the a Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), the District shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its AttachmentsCommunications Facilities. 9.4.4 9.3.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s AttachmentsCommunications Facilities. Licensee shall submit to District evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entitiesEntities’ facilities Facilities at the time Licensee submits a permit application Permit Application to District. District shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities Facilities pursuant to this Paragraph 9.4.4Article 9.3.4.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Communications Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of DistrictUtility’s cables or wires) shall be allocated to District Utility and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 If District Utility intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the Pole. Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee’s AttachmentsCommunications Facilities. Prior to making any such modification or replacement District Utility shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect toto modify or add to its existing Attachment. Should Licensee so elect, it must seek Utility’s written permission per this Agreement. The notification requirement of this Paragraph 9.4.1 shall not 9.4.2 If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District Utility or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s AttachmentsCommunications Facilities. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachmentsfacilities. 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District Utility shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its AttachmentsCommunications Facilities. 9.4.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s AttachmentsCommunications Facilities. Licensee shall submit to District Utility evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entitiesEntities’ facilities Facilities at the time Licensee submits a permit application Permit Application to DistrictUtility. District Utility shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities Facilities pursuant to this Paragraph 9.4.4.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Communications Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of District’s cables or wireswires that is not under the normal maintenance of poles) shall be allocated to District and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 9.3.1 If District intends to modify add, modify, or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the Pole. Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee’s Attachments. Prior to making any such modification or replacement District shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect toaddition, 9.4.2 9.3.2 If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s AttachmentsCommunications Facilities. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachmentsfacilities. 9.4.3 9.3.3 If the a Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), the District shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its AttachmentsCommunications Facilities. 9.4.4 9.3.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee or Licensee’s inaction related to an Attachment violation, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s AttachmentsCommunications Facilities. Licensee shall submit to District evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entitiesEntities’ facilities Facilities at the time Licensee submits a permit application Permit Application to District. District shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities Facilities pursuant to this Paragraph 9.4.4Article 9.3.4.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Communications Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of District’s cables or wireswires that is not under the normal maintenance of poles) shall be allocated to District and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 9.3.1 If District intends to modify add, modify, or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the addition, modification/, or replacement of the Pole. Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee’s AttachmentsCommunications Facilities as well as the Pole Attachment Fees for any additional Pole(s). Licensee shall not, however, be responsible for rearrangement or transfer costs necessary to accommodate the District’s own Communication Facilities. Prior to making any such modification addition, modification, or replacement the District shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect toto modify or add to its existing Attachment(s). Should Licensee so elect, it must seek the District’s written permission per this Agreement. The notification requirement of this 9.4.2 Article 9.3.1 shall not apply to routine maintenance or emergency situations. If Licensee elects to add to or modify its Communications Facilities, Licensee shall bear the total incremental costs incurred by District in making the space on the Poles accessible to Licensee. 9.3.2 If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement., as well as the costs for rearranging or transferring Licensee’s AttachmentsCommunications Facilities. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachmentsfacilities. 9.4.3 9.3.3 If the a Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), the District shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its AttachmentsCommunications Facilities. 9.4.4 9.3.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s AttachmentsCommunications Facilities. Licensee shall submit to District evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entitiesEntities’ facilities Facilities at the time Licensee submits a permit application Permit Application to District. District shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities Facilities pursuant to this Paragraph 9.4.4Article 9.3.4.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Communications Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of DistrictTown’s cables or wires) shall be allocated to District Town and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 A. If District Town intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the Pole. Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee’s AttachmentsCommunications Facilities. Prior to making any such modification or replacement District replacement, Town shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect toto modify or add to its existingAttachment(s). Should Licensee so elect, it must seek Town’s written permission per this Agreement. If Licensee elects to modify or add to its existing Attachment(s), Licensee shall bear the costs incurred by Town in making the space on the Poles accessible to Licensee. The notification requirement of this Paragraph 9.4.A shall not apply to routine maintenance or emergency situations. 9.4.2 B. If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District Town or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s AttachmentsCommunications Facilities. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s AttachmentsCommunications Facilities. 9.4.3 C. If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District Town shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its AttachmentsCommunications Facilities. 9.4.4 D. If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s AttachmentsCommunications Facilities. Licensee shall submit to District Town evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entitiesAttaching Entities’ facilities Communications Facilities at the time Licensee submits a permit application Complete Permit Application to DistrictTown. District Town shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities Communications Facilities pursuant to this Paragraph 9.4.4.9.4.D.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Communications Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of DistrictUtility’s cables or wires) shall be allocated to District Utility and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 If District Utility intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the Pole. Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee’s AttachmentsCommunications Facilities. Prior to making any such modification or replacement District replacement, Utility shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect toto modify or add to its existing Attachment(s). Should Licensee so elect, it must seek Utility’s written permission per this Agreement. The notification requirement of this Paragraph 9.4.1 shall not apply to routine maintenance or emergency situations. If Licensee elects to modify or add to its existing Attachment(s), Licensee shall bear the total incremental costs incurred by Utility in making the space on the Poles accessible to Licensee. 9.4.2 If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District Utility or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s AttachmentsCommunications Facilities. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachmentsfacilities. 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Attachments. 9.4.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s Attachments. Licensee shall submit to District evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entities’ facilities at the time Licensee submits a permit application to District. District shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities pursuant to this Paragraph 9.4.4.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments 's Communications Facilities or the modification or replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of District’s Utility's cables or wires) shall be allocated to District and/or Utility or Licensee and/or or other Attaching Entity on the following basis: 9.4.1 1. If District Utility intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/modification or replacement of the Pole. Licensee, however, and Licensee shall be responsible for all the costs associated with the rearrangement or transfer of Licensee’s Attachmentsits own Communications Facilities. Prior to making any such modification or replacement District replacement, Utility shall provide Licensee prior written notification of its intent notice in order to allow Licensee a reasonable opportunity to elect to 9.4.2 to modify or add to its existing Communications Facilities. If the modification Licensee elects to add to or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District or Licenseemodify its Communications Facilities within one (1) year after receiving such notice, the Attaching Entity requesting the additional or modified attachment Licensee shall bear the entire cost a pro rata share of the modification costs incurred by Utility in making the space on the Poles accessible to Licensee. The notification requirement of this Article IX, Paragraph B.1. shall not apply to routine maintenance or Pole replacement, as well as the costs for rearranging or transferring Licensee’s Attachments. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachmentsemergency situations. 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Attachments. 9.4.4 2. If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s Attachments. Licensee shall must submit to District Utility evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entitiesAttaching Entities’ facilities Attachments at the time Licensee submits a permit application Permit Application to DistrictUtility. District Utility shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities Attachments pursuant to this Paragraph 9.4.4provision. 3. If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than Utility or Licensee, the Attaching Entity requesting the additional or modified Attachment shall bear the entire cost of the modification or Pole replacement and such Attaching Entity shall be responsible for the costs associated with transferring or rearranging Licensee’s Communications Facilities, except as otherwise provided in this Agreement. Upon written notice from Utility or the Attaching Entity, provided such Attaching Entity agrees in writing to pay Licensee’s costs, Licensee shall promptly perform any transfer or rearrangement of Licensee's Attachments necessary to accommodate the other Attaching Entity's Attachments to the Pole. If Licensee fails to perform such transfer or rearrangement within forty (40) days from the date of written notice from Utility, or written notice and agreement to pay from the other Attaching Entity, Utility or the other Attaching Entity shall have the right, but not the obligation, to perform the transfer or rearrangement. In the event Utility performs the transfer or rearrangement, Utility may charge Licensee, and Licensee shall be obligated to pay Utility for the cost of performing such work; however, Licensee will then be allowed to seek reimbursement from Attaching Entity for the cost of the performed work. Except as otherwise provided in this Agreement, Licensee shall not be required to make any transfer or rearrangement at the request of another Attaching Entity unless and until the other Attaching Entity has made arrangements in writing with Licensee to pay for the cost of the transfer or rearrangement. 4. If a Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), Utility shall pay the costs of such modification or replacement; provided however, that Licensee shall be responsible for the costs of rearranging or transferring Licensee's Communications Facilities.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Attachment or the replacement of a Pole City Facility (including any related costs for tree cutting or trimming required to clear the new location of District’s cables or wiresConduit clearing) shall be allocated to District the City and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 9.3.1 If District the City intends to modify or replace a Pole City Facility solely for its own requirements, it shall be responsible for the costs related to the modification/modification/ replacement of the PoleCity Facility. Licensee, however, Licensee shall be responsible for all costs associated with the rearrangement any necessary modification or transfer relocation of Licensee’s AttachmentsAttachment. Prior to making any such modification or replacement District of the City Facility the City shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect to 9.4.2 to modify, relocate or add to its existing Attachment. Should Licensee so elect, it must seek the City’s written permission per this Agreement. The notification requirement of this Section shall not apply to routine maintenance or emergency situations. If the modification Licensee elects to add to or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District or Licenseemodify its Attachment, the Attaching Entity requesting the additional or modified attachment Licensee shall bear the entire cost of total incremental costs incurred by the modification City in making the space on or Pole replacement, as well as within the costs for rearranging or transferring Facilities accessible to Licensee’s Attachments. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachments. 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Attachments. 9.4.4 9.3.2 If the modification or replacement of a Pole Facility is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole Facilities and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s AttachmentsCommunications Equipment as well as those of the City. Licensee shall submit to District the City evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entitiesEntities’ facilities at Equipment prior to the time Licensee submits a permit application to Districtcommencement of any Make-Ready Work. District The City shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities Equipment pursuant to this Paragraph 9.4.4Section. 9.3.3 If the modification or the replacement of a Facility is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than the City or Licensee, the Attaching Entity requesting the additional or modified Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s Attachment. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Equipment. 9.3.4 If a Facility must be modified or replaced for other reasons unrelated to the use of the Facility by Attaching Entities (e.g., storm, accident, deterioration), the City shall pay the costs of the modification or replacement of the Facility; provided, however, that Licensee shall be responsible for any additional costs or expenses occasioned by or resulting from the use of a substitute pole or other City Facility previously installed by Licensee in order to accommodate its Communications Equipment or meet structural standards attendant thereto. In the alternative, Licensee may replace the City’s Facility at Licensee’s cost or the City may replace its Facility with a similar Facility which existed prior to the provision of a substitute by Licensee. Under all such circumstances, Licensee shall be responsible for the costs of rearranging or transferring its Attachment.

Allocation of Costs. The costs for any rearrangement or transfer Transfer of Licensee’s 's Wireless Attachments or the modification or replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of District’s Utility's cables or wires) shall be allocated to District and/or Licensee and/or Utility, Licensee, or other Attaching Entity third-party attacher on the following basis: 9.4.1 18.2.1 If District Utility intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/modification or replacement of the Pole. Licensee, however, and Licensee shall be responsible for all the costs associated with the rearrangement or transfer Transfer of Licensee’s its own Wireless Attachments. Prior to making any such modification or replacement District replacement, Utility shall provide Licensee prior written notification of its intent notice in order to allow Licensee a reasonable opportunity to elect to 9.4.2 to modify or add to its existing Wireless Attachments. If the modification Licensee elects to add to or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District or Licenseemodify its Wireless Attachments within one year after receiving such notice, the Attaching Entity requesting the additional or modified attachment Licensee shall bear the entire cost a pro rata share of the modification or Pole replacement, as well as costs incurred by Utility in making the costs for rearranging or transferring space on the Poles accessible to Licensee’s Attachments. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachments. 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Attachments. 9.4.4 18.2.2 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement Transfer of any other Attaching Entitythird-party attacher’s Attachmentsequipment. Licensee shall must submit to District Utility evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities third-party attachers for the cost to transfer or rearrange Transfer such entities’ facilities at the time Licensee submits a permit application to Districtattacher’s equipment. District Utility shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement Transfer of another Attaching Entitya third- party attacher’s facilities equipment pursuant to this Paragraph 9.4.4provision. 18.2.3 If the modification or the replacement of a Pole is the result of an additional attachment or the modification of an existing attachment sought by an attacher other than Utility or Licensee, the attacher requesting the additional or modified attachment shall bear the entire cost of the modification or pole replacement as well as the costs associated with the Transfer of Licensee’s Wireless Attachments. Licensee shall cooperate with such third- party attacher to determine the costs of the Transfer of Licensee’s Wireless Attachments. 18.2.4 If a Pole must be modified or replaced for reasons unrelated to the use of the Pole (e.g., storm, accident, deterioration), Utility shall pay the costs of such modification or replacement; provided however, that Licensee shall be responsible for the costs of the Transfer of its Wireless Attachments.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Communications Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of DistrictUtility’s cables or wires) shall be allocated to District Utility and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 If District Utility intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the Pole. Licensee shall not be responsible 9.4.2 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, however, Licensee shall be responsible for all costs caused by the modification or replacement of the Pole as well as the costs associated with the transfer or rearrangement of any other Attaching Entity’s Communications Facilities. At the time Licensee submits a Permit Application to Utility, Licensee shall submit evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for their costs caused by the transfer or transfer rearrangement of their Facilities. Utility shall not be obligated in any way to enforce or administer Licensee’s Attachments. Prior responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s Facilities pursuant to making any such modification or replacement District shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect tothis Paragraph 9.4.2. 9.4.2 9.4.3 If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District Utility or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s AttachmentsCommunications Facilities. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachmentsfacilities. 9.4.3 9.4.4 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District Utility shall pay the costs of such modification or replacement; provided, however, that replacement and Licensee shall be responsible for pay the costs of rearranging or transferring its AttachmentsCommunications Facilities. 9.4.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s Attachments. Licensee shall submit to District evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entities’ facilities at the time Licensee submits a permit application to District. District shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities pursuant to this Paragraph 9.4.4.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Attachment or the replacement of a Pole City Facility (including any related costs for tree cutting or trimming required to clear the new location of District’s cables or wiresConduit clearing) shall be allocated to District the City and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 9.3.1 If District the City intends to modify or replace a Pole City Facility solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the PoleCity Facility. Licensee, however, Licensee shall be responsible for all costs associated with the rearrangement any necessary modification or transfer relocation of Licensee’s AttachmentsAttachment. Prior to making any such modification or replacement District of the City Facility the City shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect to 9.4.2 to modify, relocate or add to its existing Attachment. Should Licensee so elect, it must seek the City’s written permission per this Agreement. The notification requirement of this Paragraph shall not apply to routine maintenance or emergency situations. If the modification Licensee elects to add to or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District or Licenseemodify its Attachment, the Attaching Entity requesting the additional or modified attachment Licensee shall bear the entire cost of total incremental costs incurred by the modification City in making the space on or Pole replacement, as well as within the costs for rearranging or transferring Facilities accessible to Licensee’s Attachments. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachments. 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Attachments. 9.4.4 9.3.2 If the modification or replacement of a Pole Facility is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole Facilities and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s AttachmentsCommunications Equipment as well as those of the City. Licensee shall submit to District the City evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entitiesEntities’ facilities at Equipment prior to the time Licensee submits a permit application to Districtcommencement of any Make- Ready Work. District The City shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities Equipment pursuant to this Paragraph 9.4.4Paragraph. 9.3.3 If the modification or the replacement of a Facility is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than the City or Licensee, the Attaching Entity requesting the additional or modified Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s Attachment. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Equipment. 9.3.4 If a Facility must be modified or replaced for other reasons unrelated to the use of the Facility by Attaching Entities (e.g., storm, accident, deterioration), the City shall pay the costs of the modification or replacement of the Facility; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Attachment.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Attachment or the replacement of a Pole City Facility (including any related costs for tree cutting or trimming required to clear the new location of District’s cables or wiresConduit clearing) shall be allocated to District the City and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 7.3.1 If District the City intends to modify or replace a Pole City Facility solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the PoleCity Facility. Licensee, however, Licensee shall be responsible for all costs associated with the rearrangement any necessary modification or transfer relocation of Licensee’s AttachmentsAttachment. Prior to making any such modification or replacement District of the City Facility the City shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect to 9.4.2 to modify, relocate or add to its existing Attachment. Should Licensee so elect, it must seek the City’s written permission per this Agreement. The notification requirement of this Paragraph shall not apply to routine maintenance or emergency situations. If the modification Licensee elects to add to or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District or Licenseemodify its Attachment, the Attaching Entity requesting the additional or modified attachment Licensee shall bear the entire cost of total incremental costs incurred by the modification City in making the space on or Pole replacement, as well as within the costs for rearranging or transferring Facilities accessible to Licensee’s Attachments. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachments. 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Attachments. 9.4.4 7.3.2 If the modification or replacement of a Pole Facility is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole Facilities and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s AttachmentsCommunications Equipment as well as those of the City. Licensee shall submit to District the City evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entitiesEntities’ facilities at Equipment prior to the time Licensee submits a permit application to Districtcommencement of any Make-Ready Work. District The City shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities Equipment pursuant to this Paragraph 9.4.4Paragraph. 7.3.3 If the modification or the replacement of a Facility is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than the City or Licensee, the Attaching Entity requesting the additional or modified Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s Attachment. Licensee shall cooperate with such third- party Attaching Entity to determine the costs of moving Licensee’s Equipment. 7.3.4 If a Facility must be modified or replaced for other reasons unrelated to the use of the Facility by Attaching Entities (e.g., storm, accident, deterioration), the City shall pay the costs of the modification or replacement of the Facility; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Attachment.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Communications Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of Districtthe Utility’s cables or wires) shall be allocated to District the Utility and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 If District the Utility intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the Pole. Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee’s AttachmentsCommunications Facilities. Prior If Licensee elects to add to or modify its Communications Facilities, Licensee shall bear the total incremental costs incurred by the Utility in making any such modification or replacement District shall provide Licensee written notification of its intent in order the space on the Poles accessible to allow Licensee a reasonable opportunity to elect toLicensee. 9.4.2 If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District the Utility or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s AttachmentsCommunications Facilities. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachmentsfacilities. 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District The Utility shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its AttachmentsCommunications Facilities. 9.4.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s AttachmentsCommunications Facilities. Licensee shall submit to District the Utility evidence, in writing, that it has made arrangements acceptable to reimburse all affected Attaching Entities Licensees for reimbursement for the cost to transfer or rearrange such entities’ facilities Licensee’s Facilities at the time Licensee submits a permit application Permit Application to Districtthe Utility. District The Utility shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching EntityLicensee’s facilities Facilities pursuant to this Paragraph 9.4.4.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Communications Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of DistrictUtility’s cables or wires) shall be allocated to District Utility and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 If District Utility intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the Pole. Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee’s AttachmentsCommunications Facilities. Prior to making any such modification or replacement District replacement, Utility shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect toto modify or add to its existing Attachment. Should Licensee so elect to modify or add, it must seek Utility’s written permission per this Agreement. The notification requirement of this Paragraph 9.4.1 shall not apply to routine maintenance or emergency situations. If Licensee elects to add to or modify its Communications Facilities, Licensee shall bear the total incremental costs incurred by Utility in making the space on the Poles accessible to Licensee. 9.4.2 If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District Utility or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s AttachmentsCommunications Facilities. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachments.shall 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District Utility shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its AttachmentsCommunications Facilities. 9.4.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the all costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s AttachmentsCommunications Facilities. At the time Licensee submits a Permit Application to Utility, Licensee shall submit to District evidencesubmit, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entitiesEntities’ facilities at the time Licensee submits a permit application to DistrictFacilities. District Utility shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities Facilities pursuant to this Paragraph 9.4.4.

Allocation of Costs. The costs for any rearrangement or transfer of the Licensee’s 's Attachments or the modification or replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of District’s DED's cables or wires) or Conduit shall be allocated to District DED and/or the Licensee and/or other Attaching Entity Entities on the following basis: 9.4.1 (1) If District DED intends to modify or replace a Pole or Conduit solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the PolePole or Conduit. The Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee’s Attachments. Prior to making any such modification or replacement District DED shall provide the Licensee written notification of its intent in order to allow the Licensee a reasonable opportunity to elect toto modify or add to its existing Attachment(s). Should the Licensee so elect, it must seek DED’s written permission. The notification requirement of this subparagraph d. shall not apply to routine maintenance or emergency situations. If Licensee elects to add to or modify its Attachments, the Licensee shall bear the total incremental costs incurred by DED in making the space on the Poles or Conduits accessible to the Licensee. 9.4.2 (2) If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District DED or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring the Licensee’s Attachments. Licensee shall cooperate with such third-third party Attaching Entity to determine the costs of moving the Licensee’s Attachments's facilities. 9.4.3 (3) If the a Pole or Conduit must be modified or replaced for other reasons unrelated to the use of the Pole or Conduit by any Attaching Entities (e.g., storm, accident, deterioration), District DED shall pay the costs of such modification or replacement; provided, provided however, that the Licensee shall be responsible for the costs of rearranging or transferring its own Attachments. 9.4.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s Attachments. Licensee shall submit to District evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entities’ facilities at the time Licensee submits a permit application to District. District shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities pursuant to this Paragraph 9.4.4.

Allocation of Costs. The costs for any rearrangement or transfer Transfer of Licensee’s 's Wireless Attachments or the modification or replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of District’s Utility's cables or wires) shall be allocated to District and/or Licensee and/or Utility, Licensee, or other Attaching Entity third-party attacher on the following basis: 9.4.1 : If District Utility intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/modification or replacement of the Pole. Licensee, however, and Licensee shall be responsible for all the costs associated with the rearrangement or transfer Transfer of Licensee’s its own Wireless Attachments. Prior to making any such modification or replacement District replacement, Utility shall provide Licensee prior written notification of its intent notice in order to allow Licensee a reasonable opportunity to elect to 9.4.2 to modify or add to its existing Wireless Attachments. If the modification Licensee elects to add to or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District or Licenseemodify its Wireless Attachments within one year after receiving such notice, the Attaching Entity requesting the additional or modified attachment Licensee shall bear the entire cost a pro rata share of the modification or Pole replacement, as well as costs incurred by Utility in making the costs for rearranging or transferring space on the Poles accessible to Licensee’s Attachments. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachments. 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Attachments. 9.4.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement Transfer of any other Attaching Entitythird-party attacher’s Attachmentsequipment. Licensee shall must submit to District Utility evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities third-party attachers for the cost to transfer or rearrange Transfer such entities’ facilities at the time Licensee submits a permit application to Districtattacher’s equipment. District Utility shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement Transfer of another Attaching Entitya third-party attacher’s facilities equipment pursuant to this Paragraph 9.4.4provision. If the modification or the replacement of a Pole is the result of an additional attachment or the modification of an existing attachment sought by an attacher other than Utility or Licensee, the attacher requesting the additional or modified attachment shall bear the entire cost of the modification or pole replacement as well as the costs associated with the Transfer of Licensee’s Wireless Attachments. Licensee shall cooperate with such third-party attacher to determine the costs of the Transfer of Licensee’s Wireless Attachments. If a Pole must be modified or replaced for reasons unrelated to the use of the Pole (e.g., storm, accident, deterioration), Utility shall pay the costs of such modification or replacement; provided however, that Licensee shall be responsible for the costs of the Transfer of its Wireless Attachments.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Attachment or the replacement of a Pole City Facility (including any related costs for tree cutting or trimming required to clear the new location of District’s cables or wiresConduit clearing) shall be allocated to District the City and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 9.3.1 If District the City intends to modify or replace a Pole City Facility solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the PoleCity Facility. Licensee, however, Licensee shall be responsible for all costs associated with the rearrangement any necessary modification or transfer relocation of Licensee’s AttachmentsAttachment. Prior to making any such modification or replacement District of the City Facility the City shall provide Licensee ninety (90) days' written notification of its intent in order to allow Licensee a reasonable opportunity to elect toto modify, relocate or add to its existing Attachment. Should Licensee so elect, it must seek the City’s written permission per this Agreement. The notification requirement of this Paragraph shall not apply to routine maintenance or emergency situations. If Licensee elects to add to or modify its Attachment, Licensee shall bear the total incremental costs incurred by the City in making the space within the Facilities accessible to Licensee. 9.4.2 9.3.2 If the modification or replacement of a Facility is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Facilities and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s Communications 9.3.3 If the modification or the replacement of a Pole Facility is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District the City or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s AttachmentsAttachment. Licensee shall cooperate with such third-third- party Attaching Entity to determine the costs of moving Licensee’s AttachmentsEquipment. 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Attachments. 9.4.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s Attachments. Licensee shall submit to District evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entities’ facilities at the time Licensee submits a permit application to District. District shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities pursuant to this Paragraph 9.4.4.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Attachment or the replacement of a Pole City Facility (including any related costs for tree cutting or trimming required to clear the new location of District’s cables or wiresConduit clearing) shall be allocated to District the City and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 9.3.1 If District the City intends to modify or replace a Pole City Facility solely for its own requirements, it shall be responsible for the costs related to the modification/modification/ replacement of the PoleCity Facility. Licensee, however, Licensee shall be responsible for all costs associated with the rearrangement any necessary modification or transfer relocation of Licensee’s AttachmentsAttachment. Prior to making any such modification or replacement District of the City Facility the City shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect to 9.4.2 to modify, relocate or add to its existing Attachment. Should Licensee so elect, it must seek the City’s written permission per this Agreement. The notification requirement of this Paragraph shall not apply to routine maintenance or emergency situations. If the modification Licensee elects to add to or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District or Licenseemodify its Attachment, the Attaching Entity requesting the additional or modified attachment Licensee shall bear the entire cost of total incremental costs incurred by the modification City in making the space on or Pole replacement, as well as within the costs for rearranging or transferring Facilities accessible to Licensee’s Attachments. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachments. 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Attachments. 9.4.4 9.3.2 If the modification or replacement of a Pole Facility is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole Facilities and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s AttachmentsCommunications Equipment as well as those of the City. Licensee shall submit to District the City evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entitiesEntities’ facilities at Equipment prior to the time Licensee submits a permit application to Districtcommencement of any Make- Ready Work. District The City shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities Equipment pursuant to this Paragraph 9.4.4Paragraph. 9.3.3 If the modification or the replacement of a Facility is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than the City or Licensee, the Attaching Entity requesting the additional or modified Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s Attachment. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Equipment. 9.3.4 If a Facility must be modified or replaced for other reasons unrelated to the use of the Facility by Attaching Entities (e.g., storm, accident, deterioration), the City shall pay the costs of the modification or replacement of the Facility; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Attachment.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Communications Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of DistrictGrant PUD’s cables or wireswires that is not under the normal maintenance of poles) shall be allocated to District Grant PUD and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 9.3.1 If District Grant PUD intends to modify add, modify, or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the addition, modification/, or replacement of the Pole. Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee’s AttachmentsCommunications Facilities as well as the Pole Attachment Fees for any additional Pole(s). Licensee shall not, however, be responsible for rearrangement or transfer costs necessary to accommodate ▇▇▇▇▇ ▇▇▇’s own Communication Facilities. Prior to making any such modification addition, modification, or replacement District Grant PUD shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect toto modify or add to its existing Attachment(s). Should Licensee so elect, it must seek ▇▇▇▇▇ ▇▇▇’s written permission per this Agreement. The notification requirement of this Article 9.3.1 shall not apply to routine maintenance or emergency situations. If Licensee elects to add to or modify its Communications Facilities, Licensee shall bear the total incremental costs incurred by Grant PUD in making the space on the Poles accessible to Licensee unless the modifications are required as a result of the addition, modification or replacement of the Pole. 9.4.2 9.3.2 If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District Grant PUD or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s AttachmentsCommunications Facilities. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachmentsfacilities. 9.4.3 9.3.3 If the a Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District Grant PUD shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its AttachmentsCommunications Facilities. 9.4.4 9.3.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee or Licensee’s inaction related to an Attachment violation, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s AttachmentsCommunications Facilities. Licensee shall submit to District Grant PUD evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entitiesEntities’ facilities Facilities at the time Licensee submits a permit application Permit Application to DistrictGrant PUD. District ▇▇▇▇▇ PUD shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities pursuant to this Paragraph 9.4.4.the

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Communications Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of the District’s cables or wires) shall be allocated to the District and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 If the District intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the Pole. Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee’s AttachmentsCommunications Facilities. Prior If Licensee elects to add to or modify its Communications Facilities, Licensee shall bear the total incremental costs incurred by the District in making any such modification or replacement District shall provide Licensee written notification of its intent in order the space on the Poles accessible to allow Licensee a reasonable opportunity to elect toLicensee. 9.4.2 If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than the District or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s AttachmentsCommunications Facilities. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachmentsfacilities. 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), The District shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its AttachmentsCommunications Facilities. 9.4.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s AttachmentsCommunications Facilities. Licensee shall submit to the District evidence, in writing, that it has made arrangements acceptable to reimburse all affected Attaching Entities Licensees for reimbursement for the cost to transfer or rearrange such entities’ facilities Licensee’s Facilities at the time Licensee submits a permit application Permit Application to the District. The District shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching EntityLicensee’s facilities Facilities pursuant to this Paragraph 9.4.4.

Allocation of Costs. The RMU shall allocate the costs for any rearrangement or transfer of Licensee’s Attachments 's Communications Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of District’s RMU 's cables or wires) shall be allocated to District RMU and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 1. If District RMU intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the Pole. Licensee, however, shall not be responsible for all costs associated with the rearrangement or transfer of Licensee’s Attachments's Communications Facilities, except and to the extent necessary in connection with RMU's core electric service requirements. Prior to making any such modification or replacement District replacement, RMU shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect toto modify or add to its existing Attachment. Should Licensee so elect, it must seek RMU's written permission per the Agreement. The notification requirement of this Paragraph D. I shall not apply to routine maintenance or emergency situations. If Licensee elects to add to or modify its Communications Facilities, Licensee shall bear the incremental costs incurred by RMU in making the space on the Poles accessible to Licensee. 9.4.2 2. If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District RMU or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s Attachments's Communications Facilities. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachments's facilities. 9.4.3 3. If RMU must modify or replace the Pole must be modified or replaced pole for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District RMU shall pay the costs of such modification or replacement; provided, provided however, that Licensee shall be responsible for the costs of rearranging or transferring its Attachments. 9.4.4 If Communications Facilities. In the event such pole modification or replacement of a Pole is necessitated by the requirements a road widening or similar project and RMU receives compensation therefor, RMU shall reimburse Licensee its pro-rata costs of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s Attachments. Licensee shall submit to District evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entities’ rearranging its facilities at the time Licensee submits a permit application to District. District shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities pursuant to this Paragraph 9.4.4from said amount.

Allocation of Costs. The costs for any rearrangement or transfer of Licensee’s Attachments Communications Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of DistrictCity’s cables or wires) shall be allocated to District City and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 If District City intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the Pole. Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee’s AttachmentsCommunications Facilities. Prior to making any such modification or replacement District City shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect toto modify or add to its existing Attachment. Should Licensee so elect, it must seek City’s written permission per this Agreement. The notification requirement of this Paragraph 9.4.1 shall not apply to routine maintenance or emergency situations. If Licensee elects to add to or modify its Communications Facilities, Licensee shall bear the total incremental costs incurred by City in making the space on the Poles accessible to Licensee. 9.4.2 If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than District City or Licensee, the Attaching Entity requesting the additional or modified attachment Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee’s AttachmentsCommunications Facilities. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee’s Attachmentsfacilities. 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), District City shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its AttachmentsCommunications Facilities. 9.4.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity’s AttachmentsCommunications Facilities. Licensee shall submit to District City evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such entitiesEntities’ facilities Facilities at the time Licensee submits a permit application Permit Application to DistrictCity. District City shall not be obligated in any way to enforce or administer Licensee’s responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity’s facilities Facilities pursuant to this Paragraph 9.4.4.